Tag Archives: Harvey Weinstein Ethics Train Wreck

Don’t Anyone Dare Tell Me They Are Surprised Bill Clinton Thinks Like This…

“I think the norms have really changed in terms of, what you can do to somebody against their will, how much you can crowd their space, make them miserable at work. You don’t have to physically assault somebody to make them, you know, uncomfortable at work or at home or in their other — just walking around. That, I think, is good.”

Former President Bill Clinton in a clip posted by RealClearPolitics.

No, Mr. President. It was never acceptable to do things to people in your power against their will that made them uncomfortable in the workplace. Never. It was just common and legal for a long, long time, and powerful men like yourself reveled in exploiting and abusing women because they could. And nothing has changed about what was legal and what was not since you were President. The major change in sexual harassment law occurred while you were President, in fact. You just didn’t think the rules and laws applied to you, that’s all. Based on your recent comments, you still don’t think they applied to you.

What an astounding thing for this man to say. Continue reading

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A Brief #MeToo Related Note…

“Judges have a special responsibility to promote appropriate behavior and report instances of misconduct by others, including other judges,”  states the executive summary of a report submitted to the Judicial Conference of the United States, referring to the workplace.

No, everybody has a special responsibility to promote appropriate behavior and report instances of misconduct by others—including judges, lawyers, artists, CEOs, managers, actors, journalists..all “others”) in the workplace.  Judges aren’t special. Anyone who allows a co-worker, a colleague, a superior, a manager or an officer to engage in workplace harassment without taking steps to expose it and end it is complicit in the victimization of the individuals harmed.

Someone ask Bill Clinton, who, hilariously, now says that he supports #MeToo, if he agrees with the above statement. How many people, do you think, had to fail their responsibility to promote appropriate conduct by him in the workplace, for him to obtain power and influence, and convert it to great wealth? Hundreds? Thousands? Tens of thousands? More?

Who else should we ask?

_________________________

Source: ABA Journal

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Morgan Freeman, Cultural Shifts, And The Dirty Old Man’s Dilemma

I wondered how it was that Morgan Freeman, black, progressive, a Barack Obama enthusiast and the owner of a squeaky clean image, was hit with career- and reputation-endangering accusations of “inappropriate conduct” that were on balance far, far less alarming than the borderline or outright criminal offenses claimed by the victims of most of the #MeToo targets. Now we know: Morgan Freeman, then 79 , was interviewed by a young, attractive CNN reporter before the Harvey Weinstein story broke. The actor made creepy, sexually suggestive comments to her, and they bothered her as she continued to consider them during her maternity leave, which began soon after the interview. When she returned, Harvey Weinstein had been exposed, #MeToo was in full swing, and the reporter, Chloe Melas, had a new and unexpected male celebrity to investigate and perhaps take down.

This does not appear to be another example of a vicious abuser whom the Weinstein story allowed to finally meet justice after years of victimizing those who came within his sphere of power. All of the claims against Freeman are garden variety dumb, blundering sexual harassment without malice, almost exclusively by the spoken word. Although the news accounts mention “unwanted touching,” the only description of such touching involves Freeman touching a woman’s skirt and threatening to lift it. There have been no “groping” accusations, at least not yet.

Never mind. The allegations so far have already harmed, probably irreparably, the Academy Award-winning actor’s career. Visa has dropped him as its long-time spokesman. Honors he has received are being reconsidered. More penalties are sure to come.

Freeman issued a clumsy, non-apology apology, saying,

“Anyone who knows me or has worked with me knows I am not someone who would intentionally offend or knowingly make anyone feel uneasy. I apologize to anyone who felt uncomfortable or disrespected — that was never my intent.”

It’s a poor apology, but I believe him. He never intended to make anyone uncomfortable, and it didn’t occur to him that any woman would make a big deal out of being—from his perspective—flirted with, even naughtily, by a very old man and iconic movie star. In this, he falls not in the ugly Cosby, Harvey, Kevin, Matt and Charlie category but into the sadder George H.W. Bush class, which I will call “The Dirty Old Men Division.” Continue reading

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Sunday Morning Ethics Warm-Up, 5/27/18: On Bullies, Dogs, Signs, Cheats, And The Worst WWII Movie Ever

Good morning.

1. BOY, is that a lazy and inaccurate movie! As usual, they are playing every war movie they can dig up on Memorial Day weekend. I just watched the tail end of  “The Battle of the Bulge,” the 1965 Cinerama Hollywood portrayal of the decisive 1944 WWII battle in the Ardennes that reminds me of my dad, buried in Arlington National Cemetery, more than any other war film, and not because it was in that battle that my father earned his Silver Star. No, the film reminds me of Dad because he hated it so much. He regarded it as an insult to the veterans who fought the battle, and  a cretinous distortion of history in every way. His name for the movie was “How Henry Fonda Won the Second World War.”

The most striking of the endless misrepresentations in the movie is the absence of snow. The battle’s major feature was that it was fought in freezing, winter conditions, on snow covered terrain sometimes up to two feet deep. Some battle scenes are shown being fought on flat and bare plain, about as distinct from the mountainous, thickly forested territory where the actual battle took place as one could imagine. My father also started complaining during the film, loudly, about the use of modern American tanks to portray the German Tiger tanks.

Former President (and, of course, former Allied Commander) Eisenhower came out of retirement to hold a press conference to denouncing “The Battle of the Bulge” for  its gross  inaccuracies. THAT made my father happy.

2. Funny! But…no, it’s just funny. Scott Campbell, the owner of the Pell City Fitness gym in Pell City, Alabama,  put up a sign that says “tired of being fat and ugly? Just be ugly!” City officials told him to take down the sign or be fined, saying it is too big and needs a permit, but other business owners told the local news media that they have never heard of the ordinance the city is citing being enforced. The suspicion is that Campbell is being singled out because some have complained that the sign is “insensitive.” No, it’s just funny…

This is the ethical problem with excessively restrictive laws, rules and regulations that are not consistently enforced. Prosecution can be used for ideological and partisan discrimination. Not only is the sign benign, it is not even original: that same language is on fitness company ads all over the country. So far, it looks like the community is supporting Pell and that the city will back down, but this is Alabama. Call me pessimistic, but I doubt the sign would be allowed to stand for long in Washington State or California if an ordinance could be found to justify pulling it down.

The First Amendment dies in increments. Continue reading

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Unethical (And Stupid) Quote Of The Month: Harvey Weinstein Defense Attorney Benjamin Brafman

“Mr. Weinstein did not invent the casting couch in Hollywood”

—–Benjamin Brafman, Harvey Weinstein’s defense counsel, as Weinstein surrendered to authorities yesterday in Manhattan.

The whole quote, as Brafman addressed reporters:  “My job is not to defend behavior. My job is to defend something that is criminal behavior. Mr. Weinstein did not invent the casting couch in Hollywood. To the extent that there’s bad behavior in that industry, that is not what this is about. Bad behavior is not on trial in this case.”

Good luck with this boob, Harvey. To begin with, his job isn’t to defend any kind of behavior; his job is to defend his client.  The way the English language works is that “defending” criminal behavior means arguing that criminal behavior is just fine, thank you. Defending against charges of criminal behavior, in contrast, means that a lawyer is making a case that there was none. If a lawyer can’t speak with more care and precision than this, when addressing reporters he shouldn’t say anything at all.. He essentially just admitted that his client committed criminal behavior and bad behavior, while also leaving doubt as to whether he understood that criminal behavior was also bad.

That’s just the stupid and incompetent part of the statement. The stupid and unethical part, the Unethical Quote of the Month, is an invitation to play, “Name that rationalization!” What difference does it make whether or not Harvey invented the practice of using power over young women’s careers and aspiration to extort them into being their sex toys? Have you ever heard of a defense attorney arguing to jury, “Come on! My client didn’t invent serial killing! What’s everyone so upset about?”  This is a blatant “Everybody does it” excuse, and an especially offensive one. Weinstein’s lawyer just made his first impression on te public—you never get a second chance to make one, you know—and he presented himself as a man who shrugs off coerced sexual submissiveness in the workplace as just one of those quirky Tinseltown traditions. Continue reading

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THAT’S The Concept I Was Looking For—“Cultural Vandalism”!

Does he still seem like God to you?

“Cultural vandalism”!

Perfect! That’s the ideal description of what artists, especially performing artists, do when they engage in such revolting conduct that it becomes difficult or impossible for us to enjoy their work the way we could before we knew they were disgusting human beings.

We owe Vulture writer a debt of gratitude, not only for identifying the conduct as cultural vandalism (a term usually reserved for acts like stealing the Elgin Marbles), but also for explaining, in his article The Cultural Vandalism of Jeffrey Tambor, clearly and powerfully, why it is a serious ethical breach beyond the misconduct itself.

He writes in part,

Once I know something like this, it makes it impossible for me to look at the actor and not think of the horrible things they’ve allegedly done. I don’t care to argue whether this is rational or not (I think it is), or whether I hold inconsistent opinions of works that are problematic for whatever reason (everyone does). The repulsed feeling is still there, and it makes a difference in how I react as a spectator…This sort of thing seems categorically different from, say, watching a film starring an actor whose political beliefs are different from yours (though there, too, a line could be irrevocably crossed). Once you believe that a particular actor or filmmaker or screenwriter is a predator or abuser, you’re aware that the environment that produced your entertainment — the film set — was engaged in a conscious or reflexive cover-up, in the name of protecting an investment. You can still be passionately interested in the thing as a historical or aesthetic document — seeing it through the eyes of, say, an art historian who can contextualize Paul Gauguin within the totality of 19th-century painting, or an African-American studies professor who’s fascinated by Gone With the Wind — but you can’t lose yourself in it anymore. You can’t be in love with it. You can’t really enjoy it in the most basic sense, not without playing dumb.

You didn’t do that to the artist. The artist did that to himself…

And it’s awful. People’s lives get ruined, their careers get interrupted or destroyed. The emotional, physical, and financial damage that problematic artists inflict on people in their orbit should always be the first and main subject of discussion…On top of all that, we also have the collateral damage of cultural vandalism. Fun, meaningful, even great works that dozens or hundreds of people labored over, that built careers and fortunes and whole industries, become emotionally contaminated to the point where you can’t watch them anymore…. in recent years, an entire wing of African-American cultural history has been vaporized by the Bill Cosby allegations and his recent felony sexual-assault trial, including the most popular sitcom of the ’80s (The Cosby Show), some of the top-selling comedy albums of all time, the precursor to the R-rated buddy comedy genre (Uptown Saturday Night and its sequels), and the first Saturday morning cartoon with a predominantly black cast (Fat Albert and the Cosby Kids). Predators’ careers are getting raptured, as well they should be. But unfortunately — perhaps inevitably — their work is getting raptured along with it, imploding into dust as the culture moves on to things that aren’t as problematic (or that might have skeezy stuff going on behind the scenes that we don’t know about yet)….

…Nobody is stopping anyone from watching these works (though they’re no longer as easy to find, and you probably have to own a DVD player). We can still talk about them, study them, write about them, contextualize them. But the emotional connection has been severed. The work becomes archival. It loses its present-tense potency, something that significant or great works have always had the privilege of claiming in the past.

That’s all on the predators. It’s not on you. None of us asked for this.

Continue reading

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About The Cosby Verdict

Serial rapist and sexual predator Bill Cosby was found guilty today. From the New York Times:

A jury found Bill Cosby guilty Thursday of drugging and sexually assaulting a woman at his home near here 14 years ago, capping the downfall of one of the world’s best-known entertainers, and offering a measure of satisfaction to the dozens of women who for years have accused him of similar assaults against them.

On the second day of its deliberations at the Montgomery County Courthouse in this town northwest of Philadelphia, the jury returned to convict Mr. Cosby of three counts of aggravated indecent assault against Andrea Constand, at the time a Temple University employee he had mentored.

The three counts — penetration with lack of consent, penetration while unconscious and penetration after administering an intoxicant — are felonies, each punishable by up to 10 years in state prison, though the sentences could be served concurrently.

Observations:

1 Good. Cosby should be serving hard time for rape. This verdict won’t accomplish that, and he has the resources to keep the matter tied up in appeals, maybe even forcing a new trial. Never mind: the verdict itself is satisfying punishment for a true ethics villain.

2. The verdict overcame the Cognitive Dissonance Scale, and that’s no mean feat. The jury deserves a lot of credit. Here, for the umpteenth time, is the scale:

Celebrities—or the characters they are identified with— are typically so high on the scale ( think of Bill/Cliff Huxtable as a plus 100) that even the evidence of a crime can’t pull them down sufficiently for jurors to be able to resolve the dissonance when they are thinking, “But he’s a great man and a wonderful person! How could he do these things?” The dissonance creates automatic reasonable doubt, all by itself, at least with enough jurors to ensure a mistrial, as in Cosby’s first trial. Hence O.J. Errol Flynn was acquitted of statutory rape. Robert Blake (“Baretta”) was acquitted of murdering his wife. Bill Cosby figured to have an unusually strong celebrity shield, but several  factors overcame it:

  • the amount of evidence against him.
  • the fact that what he did represented such a betrayal of his public image
  • the judge allowing, in the re-trial, other victims to testify
  • the series of previously admired show business figures who have been exposed as predators and sexual abusers since the Harvey Weinstein Ethics Train Wreck pulled out of the station, and
  • the fact that Cosby peak celebrity was decades ago.

If the trial had occurred at the time of “The Cosby Show,” I wonder if any evidence could have convinced a jury to convict him. Continue reading

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